Bail - CaseCiter (Page 2)

Najma Vs Inspector Of Police - S. 439 CrPC - Bail Condition - Restoration Of Possession

Code of Criminal Procedure 1973 - Section 439 - The High Court, while hearing an application under Section 439, Cr. PC is not supposed to pass a decree for restoration of possession- [Context: SC set aside condition imposed by HC in an bail order directing the accused to handover possession

Criminal

State Of Rajasthan vs Indraj Singh 2025 INSC 341 - Bail - Effect On Society

Code Of Criminal Procedure 1973 - Section 439- Bail - Lack of criminal antecedents and the period of custody are perfectly valid criteria for grant of bail, but the Court while giving due credence to them, cannot lose sight of the primary offence and its effect on society. (Para 9)

Criminal

Kamal @ Kamal Choudhary vs State Of Madhya Pradesh - Second Bail Application - Change Of Circumstances

Code of Criminal Procedure 1973 - Section 439 - Even if an earlier bail application is rejected, an accused can make a fresh application at a subsequent stage on the ground of material change in circumstances. [Context: In this case, after the first bail application was rejected, now all the

Criminal

Union Of India vs Man Singh Verma 2025 INSC 292 - S. 439 CrPC - Bail - Compensation

Code of Criminal Procedure 1973 - Section 439 : BNSS 2023- Section 483 -The jurisdiction conferred upon a Court under Section 439 CrPC is limited to grant or refusal of bail pending trial. In the following decisions, this Court has time and again held that the sphere of consideration, when exercising

Criminal

Udhaw Singh vs Enforcement Directorate 2025 INSC 247 - PMLA - Bail

Prevention of Money Laundering Act, 2002 - When the trial is not likely to be concluded within few years, the decision in the case of V.Senthil Balaji v. Deputy Director, Directorate of Enforcement will apply - Distinguished Union of India through the Assistant Director v. Kanhaiya Prasad : there was

Criminal

Subhelal @ Sushil Sahu vs State Of Chhattisgarh 2025 INSC 242 - Scope Of S. 437(6) CrPC - Bail

Code of Criminal Procedure 1973 - Section 437(6)- Reasons for rejection of application under sub-section (6) of the said Section have to be different and little more weighty than the reasons that may be relevant for rejection for bail at the initial stage (Para 11)- Applications under

Criminal

Apruva Kirti Mehta vs State Of Maharashtra - Bail - Courts Not Recovery Agents

Code of Criminal Procedure 1973 - Section 437-439- Bail - The courts, exercising jurisdiction to grant bail/pre-arrest bail, are not expected to act as recovery agents for realization of dues of the complainant from the accused. (Para 8) Apruva Kirti Mehta vs State Of Maharashtra - Bail - Courts

Criminal

State Of Jharkhand vs Sunny Kumar @ Sunny Kumar Sao 2025 INSC 153- NDPS Act - Bail

NDPS Act - SC sets aside HC order that granted bail to NDPS accused noticing that he has been arrested in a similar offence under the NDPS Act - No legal aspects involved. State Of Jharkhand vs Sunny Kumar @ Sunny Kumar Sao - NDPS Act - BailState Of Jharkhand vs

Criminal

Directorate Of Enforcement vs Subhash Sharma 2025 INSC 141 - S 45 PMLA - S 57 CrPC - Art. 22 Constitution - Bail - Illegal Arrest

PMLA - Section 45 - When arrest is illegal or is vitiated, bail cannot be denied on the grounds of non-fulfillment of twin tests under clause (ii) of sub-section 1 of Section 45 of PMLA (Para 9) Constitution of India - Article 22 - Code of Criminal Procedure 1973 -

Bail

Maulvi Syed Shad Kazmi @ Mohd. Shad vs State Of Uttar Pradesh - Bail

Bail - The prosecution case against appellant -maulvi is that he forcibly kept a mentally retarded minor in a Madarasa and that he converted the minor to a muslim- FIR was registered under under Sections 504 and 506 IPC and Section 3 of the Uttar Pradesh Prohibition of Unlawful Conversion

Criminal Trial

Pooja Nankan Prasad Vs State Of Maharashtra - Bail

Criminal Trial - Bail - An undertrial has the right of expeditious trial and is to be presumed innocent until proven guilty, on the basis of the evidence to be adduced by the prosecution. (para 4) Pooja Nankan Prasad Vs State Of Maharashtra Pooja Nankan Prasad Vs State Of Maharashtra

Foreigners Act

Frank Vitus Vs Narcotics Control Bureau 2025 INSC 30 - Foreigners Act

❓Whether it is necessary to implead a Foreign Registration Officer appointed under Rule 3 of the Registration of Foreigners Rules, 1992 (for short ‘the Rules’) in the bail application filed by a foreigner within the meaning of the Foreigners Act, 1946? Foreigners Act, 1946 ; Registration of Foreigners Rules, 1992- Rule

Bail

Jayshree Kanabar vs State of Maharashtra 2025 INSC 13 - MCOCA - Bail

Summary: MCOCA accused granted bail by HC- Allowing appeal, SC observed: It is a fact that the grant of bail was not in exercise of power of the High Court as a constitutional Court on the ground of violation of Part-III of the Constitution. It is also a fact that

Bail

Siddhant @ Sidharth Balu Taktode vs State Of Maharashtra 2024 INSC 1017 - Bail - Long Incarceration

Bail - While granting bail to an MCOCA Accused, SC observed: If an accused is incarcerated for a period of approximately five years without even framing of charges, leave aside the right of speedy trial being affected, it would amount to imposing sentence without trial. In our view, such a

UAPA

Athar Parwez vs Union Of India 2024 INSC 995 - UAPA- Bail - Long Incarceration

Constitution of India - Article 21 - Long incarceration and unlikely likelihood of trial being completed in near future has also been taken as a ground for exercising its constitutional role by the Constitutional Courts to grant bail on violation of Article 21 of the Constitution of India which guarantees

Bail

Ayub Khan vs State of Rajasthan 2024 INSC 994 - Bail - Antecedent Chart - Adverse Remarks Against Judicial Officers

Code of Criminal Procedure 1973 - Bail - Directions issued by Rajasthan High Court in Jugal Kishore vs. State of Rajasthan (2020) 4 RLW 3386 to the Trial Courts to incorporate a chart containing details of the antecedents of the accused who applies for bail- These directions cannot be construed

Bail

Partha Chatterjee vs Directorate Of Enforcement 2024 INSC 975- Bail - Official Status Of Accused

Bail - An accused person’s official status should not be grounds for denying bail, it also cannot constitute a special consideration to grant bail if otherwise no case is made out to provide such relief. Official positions, regardless of their stature, lose their relevance for the purpose of exercising

Bail

Mendar Singh @ Vijay Singh vs State Of Bihar 2024 INSC 969

Code Of Criminal Procedure - Cancellation of Bail - When there was not even an allegation by the Investigating Agency that the accused has violated any of the conditions which were imposed while granting bail or that he was misusing the liberty granted to him, it was not correct to

Bail

X vs State Of Rajasthan 2024 INSC 909 - Bail - Serious Offences

?In serious offences like rape, murder, dacoity, etc, can bail be granted (i) after the charge is framed and just before the victim is to be examined by the prosecution before the trial court, or (ii) bail is granted once the recording of the oral evidence of the victim is

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Sangram Sadashiv Suryavanshi Vs State Of Maharashtra 2024 INSC 899 - Bail - Expeditious Disposal

Code of Criminal Procedure 1973 - Section 439 -Bail - In the ordinary course, the Constitutional Courts should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts- Practice of High Courts while rejecting the bail applications, in a routine manner, the High Courts

Criminal

Wazid vs State Of UP - Bail - Long Pendency

Bail - Even a single day delay in deciding the bail application adversely affect the fundamental rights of the citizens - Deprecates practice of keeping bail application pending for years together. (Para 4-5) Read Order